Full Judgment Text
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PETITIONER:
KOODALMANICKAM IN DEVASWOM MANAGING,COMMITTEE
Vs.
RESPONDENT:
THACHUDAYA KAIMAL @ MANICKANKERALAN (DEAD) BY LRS.
DATE OF JUDGMENT: 07/02/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
JT 1996 (2) 336 1996 SCALE (2)217
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This appeal by special arises from the order
dated March 31, 1978 of the learned single Judge of
the Kerala High Court in Second Appeal
No.1006/1976. The sole respondent instituted a
suit against the appellant contending that the
properties were a part of the residential
premises given to him in personam for his
personal benefit under a decree of the British
Resident for the State of Travancore and Cochin.
Consequential ly, he is entitled to enjoy the income
or the usufruct durin g his tenure. The trial Court
and the appellate Court dismissed the suit; but in
Second Appeal the learned single Judge allowed the
appeal and held that he is entitled to the
enjoyment of the income or usufruct. Pending appeal,
the respondent died. We are informed that appellant-
committee has taken over the property. Right to
enjoy the property even assuming that the order is
correct, is a right only in personam and on demise
the right ceases to exist. Consequently, nothing
survives in this case for decision.
The appeal is sccordingly disposed of. No costs.